Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-01-28
LAND ENCLOSURE BILL.
Full Text OF Temple Hous:on's Bill to
Prevent fhe UnaHlhoriz. In.
closure Of Land.
The Maintenance of the Existing Unau-
JhOrizsd Enclosures is Madea
Penal Odensc.
Special TO the Gazette.

Special to the Gazette.
AUSTIN, TEX, Jan. lS.-Following is
the full text of Senator HOustou's land
Enclosure measure introduced IN the SEN
ate, entitled: a bill, to be entitled an act
TO prevent the unauthorized Enclosure of
land, and to make the maintenance of
existing unauthorized Enclosures OF such
penal.
Sec. /. That no person or persons shall
inc. ose any Isnd belonging to the state Of
Texas, or to any county, or city, or indi-
vidual, or to any private corporation
without authority therefor in writing.
Sec. .. That each and every person who
now has inclosed any land belonging 10
the state Of Texas, county or city or III
dividual, or to any private corporation.
without authority therefor in writing,
ard who shall permit the said land 10 re-
main inclosed, shall be guilty of a.
offense and shall be punished as herein
after provided.
Sec. 3. That before any such authority
as provided in sections and of this act
shall De considered TO DE lawful. or of
any force or effect, it shall be acknowl-
edged and recorded, as in the case of
other conveyance OF lands; provided, that
no acknowledgement shall be nee
esssry in any case where the authority to
inclose any land belonging to or con
trolled by the state, or any county, or any
city in the state, shall be in question. but
the signature of the proper authority of
the state, cJuntv or C!ty of the instrU-
ment has been recorded shall be prima
faCie evidence of such authority.
Sec. +. That for each and every thirty
days unlawful Enclosure or unlawful
maintenance Of the unlawful inclosure
OF lands as provided IL sections l and >
hereof, from and after the passage Of
this act, shall constitute and be deemed
4 complete ofense.
Sec. 8. That each and every person
violating the first or second section of
this act shall he punished by impriscn-
ment II the Denitentiary for not less tn n
two years nor more than five years, or By
fine not less than $3.50 nor more than
$500, or by both. such fine and lmDrison-
meut.
Sec. 6. That any act which appropri-
ates, or is calculated TO appropriate, or
which may have tendency to aUpropri- /
ate to the exclusive use of any person or |
persons, or COrpoT LtiOn any such lands, |.
shall be deemed an Enclosure, and shall /
be so held in any prosecution under this !
act.
Sec. :. That when any such unlawful |
inclosure shall be made by corporation
or Joint stock association or'Companv,
and every officer or agent or manager
thereof s5all be deemed a guilty person,
ind shall be punjshed as herein pro-
glied.
Sec. s. That every person who is &C
.ually present and knowing the univ uI
intent Of the person or persons unlaw-
fully inClOsing lands under this act, and
WHO shali aid by act or encourage by
words or gestures those actualig engaged
in The commission of said Offense, or
who, not being actually present, keeps
watch SO as to prevent interruption
Of those unlawfully engaged or who snail
ADVISE, instruct or by voice or by letter
Or otherwise the person or persons to
commit any Enclosures OF lands in viola
ton OF section 2 or of this act are prin-
;tpal offenders, and may be prosecuted
md convicted as such.
Sec 9. That persons out of the state
nay commit and be liable to Indictment
A1N1 SCAA' MUM AOl COtiilLlLtIuS any Vi llf
)ffenses enumerated in this act, which do
lOt in their commission require per-
'onal presence in the state. The
subject Of the act being to
each and punish all persons offending :
against its provisions, whether within or {
without the state, au indictment under
mis- act may be prese nted by the grand
ury Of Travis county, in this state.
Sec. 10. Nothing in this act shall be
construed as applying to persons shat,
wing TO erronious surveying, have IL {
loSed in good faith lands not their own; ;
provided, further, that it shall appear
hat each person had the rishj
o inclOse the amount Of land |
ctuslly intended to be lnclosed by such l
ersOns.
Sec. II. Nor shall anything herein be {
onsidsred as applying to actual settlers {
7ho are applicants or occupants {
Il good faith for the purchase t
f lands belonging to the state or any of :
be lands thereof where the amounts 50
lclosed are less than $40 acres.